CIRCULAR NO. 162
SUBJECT – Amendment is Section of the Bombay Public Trusts Act, 1950
Attention of the Regional Officers is drawn to the latest amendment to the
Bombay Public Trusts Act, 1950 which are made applicable from 16th June 1972 and
especially to Section 9 of the Act, which has widened the scope of a “charitable purpose”
to a very large extent. All activities in the nature of recreation or leisure time occupation
will not full within the ambit of a trust subject to limitations mentioned in the section.
Similarly deletion of clause “Exclusively to sports” would bring all the sports activities
within the abmit if they satisfy other ingredients of a public trust as defined.
2.
The effect of it is that many trusts/societies/associations etc., which were declared
by Regional Officers as unregistrable trusts/societies/associations before the amendment
may perhaps not attract the provisions of the Bombay Public Trusts Act and may be
public trusts within the meaning of section 2(13) of the Act read with Section 9 as
amended. The Regional Officers should, therefore, take-up the work of reviewing such
cases of trusts/societies/associations under Bombay Public Trusts Act, 1950.
In the first place they should issue a letter to the members of managing body or
persons concerned of the trust/society or association for registration in view of the
amendments of the Act,1950. In case the applications are received the authority may
hear the cases and dispose them on merits and the previous finding if any would not come
in the way of the authority in view of the change in law. Only thing that he will have to
do is to mention the fact about change in law. If in spite of a letter the members of
managing body or persons concerned, are not ready to make application even under
protest sou motu inquiry may be started and decided according to law.
Such letters may be addressed to all activities which may attract the new
provisions irrespective of the fact whether there was a previous inquiry. The progress of
the work of review of such cases may be intimated to this office along with the monthly
return in the following form :No. of cases declared
to be not registrable
as on 16th June 1972
No. of cases received
No. of applications
received or sou motu
inquiries started.
Dated : 5th October 1972.
No. of cases disposed
of till the date of
report
Remarks on
pending work of
review
M. D. KAMBLI
Charity Commissioner,
Bombay
CIRCULAR NO. 162
In continuation to this office Circular No.162 dated 5th October 1972, it is hereby
brought to the notice of all the Regional Offices that after recent amendment to Section 9
of the Bombay Public Trusts Act, 1950 under which the definition of the word
“Charitable purpose” is widened as already pointed under the previous circular the
amended Section 9 shall read as follows :SECTION 9 :(1) For the purpose of this Act, a charitable purpose includes, (1) relief of poverty or destress,
(2) educational
(3) medical relief,
(3a) provision for facilities for recreation or other leisure time occupation (including
assistance for such provision), if the facilities are provided in the interest of social
welfare and public benefit, and
(4) the advancement of any other object of general public utility, but does not include
a purpose which relates, (b) exclusively to religious teaching or worship.
(2) The requirement of this section that the facilities are provided in the interest of social
welfare shall not be treated as satisfied unless, (a) the facilities are provided with the object of improving the conditions of life for
the persons for whom the facilities are primarily intended ; and
(b) either, -(i)
those persons have need of such facilities as aforesaid by reason of their
youth, age, infirmity or disablement, poverty or social and economic
circumstances, or
(ii)
the facilities are to be available to the members of the public at large
(3) Subject to the said requirement, sub-section (1), of this section applies in particular to
the provision of facilities at village halls, community centres and women institutes, and to
the provision and maintenance of grounds and buildings to be used for purpose of
recreation and leisure time occupation, and extends to the provision of facilities for those
purpose by the organising of any such activity.
Hence necessary steps should be taken in this behalf as already directed and progress
report be sent every month alongwith the usual monthly statements. The first report be
submitted on 5th Novemeber 1972.
Dated : 21st October 1972.
M. D. KAMBLI
Charity Commissioner,
Bombay